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Chicago Business Litigation Lawyer Blog

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Why Choose Lubin Austermuehle for Corporate Oppression Matters

When facing corporate oppression, selecting the right legal representation is crucial. Lubin Austermuehle stands out as a firm capable of effectively handling such complex legal matters. Here’s why you should consider them for your corporate oppression case: 1. Concentration in Corporate Law Lubin Austermuehle possesses a deep understanding of corporate law, including…

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Navigating Fair Compensation in Closely Held Companies: The Legal Implications of Excessive Salaries

In closely held companies, particularly LLCs and corporations with a limited number of shareholders, the issue of compensation for owners and shareholders can be a legal minefield. A significant concern arises when majority owners, often also serving as executives, award themselves excessively high salaries or compensation. This practice, while appearing…

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Can a Business Sue as a Consumer Under the Illinois Consumer Fraud Act

Yes, a business can be considered a consumer under the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA) and can therefore file a suit under this Act. The ICFA allows private plaintiffs, including corporations, to file a suit if they can demonstrate damage due to a violation of the…

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Can I be Sued for Defamation for Posting Internet Reviews

In general, you can be sued for posting internet reviews, even if they are truthful and critical, but the likelihood of the lawsuit being successful depends on various factors. Here’s a breakdown of the legal considerations: Truth as a Defense: Truth is a key defense against defamation claims. In most…

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In Illinois a Minority Member can Bring a Derivative Lawsuit as a LLC Member on Behalf of the LLC

In Illinois, the situation regarding LLC minority members bringing a derivative lawsuit for member oppression is quite specific. The Illinois Limited Liability Company Act allows LLC members to file a derivative action to protect the interests of the LLC. This is particularly relevant when the LLC itself has a cause…

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How Should a Minority Shareholder or LLC Member Handle a Squeeze-Out or Freeze-Out of Their Interests

When a shareholder or LLC (Limited Liability Company) member faces a “freeze-out” or “squeeze-out,” they are typically being pushed out of the company’s decision-making process or their economic interests are being diminished. This can be a challenging and complex situation, requiring a careful and strategic approach. Here are some general…

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Punitive Damages can be Awarded in Auto Fraud Cases

Several cases in Illinois have awarded punitive damages for auto fraud by used car dealers. One such case is “Gent v. Collinsville Volkswagen, Inc.” where the court upheld punitive damages against the dealership for fraud or gross negligence, though the award was reduced from $12,000 to $3,000 as it was…

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Fake Internet Reviews Can be Deceptive Practices Under UDAP Laws

Fake internet reviews can potentially state claims for deception under Unfair, Deceptive, or Abusive Acts or Practices (UDAAP) laws. UDAAP laws are designed to protect consumers from deceptive practices by businesses, including misleading statements about products and services. This protection ensures consumer confidence, particularly in financial transactions, and it addresses…

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Hire Lubin Austermuehle to Represent You in a Tortious Interference Lawsuit

In Illinois, the elements of tortious interference with prospective business relationships are as follows: 1) A reasonable expectation of the plaintiff entering into a valid business relationship. 2) The defendant’s knowledge of this expectancy. 3) The defendant’s intentional and unjustifiable interference, causing a breach or termination of the expectancy. 4)…

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Five Year Oral Statute of Limitations Applies to Mixed Oral or Written Contracts

The statute of limitations that applies to a contract that is both oral and written is generally that of an oral contract. This is because if essential terms of the contract cannot be fully ascertained from the written contract itself and require oral evidence to be complete, it is treated…

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